§ 8.1.3. Vacancy in the Office of Clerk and Recorder.

When any Clerk and Recorder is unable, by reason of resignation or death, to perform the duties of the office for the time remaining prior to expiration of his or her term of office, the Council shall declare by resolution that a vacancy exists. Notwithstanding any provision of Section 8.2.3 of this Charter, such vacancy shall be filled by a special election, which shall be called by the Council to be held not less than 120 days nor more than 130 days after the Council declares that such vacancy exists unless another City-wide election has been scheduled to be held within 160 days after such vacancy is declared; and the candidate receiving the greatest number of votes at said election shall qualify and take such office immediately and shall hold such office for the unexpired portion of the term in which the vacancy occurs. Prior to such election for the office of the Clerk and Recorder, the Deputy Clerk and Recorder appointed pursuant to Section 8.1.2(D)(1) shall serve as the acting Clerk and Recorder.

(Ord. No. 851-06, § 1, 12-26-06, elec. 1-30-07)